Sumit Kumar @ Pilla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7715 of 2023 Arising Out of PS. Case No.-218 Year-2020 Thana- BARHIYA District- Lakhisarai ====================================================== SUMIT KUMAR @ PILLA Son of Late Tanik Singh @ Ramashray Singh R/o Village - Khutahadih, P.S.- Barahiya, District - Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arjun Prasad, Adv.
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2023 Heard Mr. Arjun Prasad, learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, learned Additional Public Prosecutor for the State.
2. Petitioner seeks regular bail in connection with Barahiya PS Case No. 218/2020 dated 24.09.2020 registered for the offence punishable under Sections 395, 412 of the IPC.
3. As per First Information Report, while the informant was transporting insecticides and fertilizers through his pickup van, he was intercepted and stopped by six miscreants riding on Apache motorcycle after overtaking the pickup van of the informant. Two of the accused persons fled away with the pickup van towards Dariyapur and four of them kept the informant confined in a primary school and threatened him to kill. They snatched a purse containing Rs. 6000/-, driving license, mobile phone etc. After some time, the accused
Patna High Court CR. MISC. No.7715 of 2023(2) dt.10-05-2023 2/3 persons, who had fled away with the pickup van, returned back and handed over the pickup van to the informant. Thereafter, two accused persons sat on the pickup van of the informant, proceeded towards Panch Mahal PS, got down from the pickup van and fled away.
4. Learned counsel for the petitioner submits that from perusal of the FIR, it would be evident that all the accused persons were wearing face mask and the pickup van which was allegedly, snatched has subsequently been returned back to the informant. He further submits that the only allegation which remains that Rs. 6000/- was snatched by them. Petitioner is not named in the FIR and has been made accused on the basis of confessional statement of a co-accused, Madan Singh who has been granted bail by a co-ordinate Bench of this Court in Cr.Misc. No. 36729/2022 vide order dated 18.01.2023. One another co-accused, Manish Kumar @ Chunu has also been granted bail in Cr. Misc. No. 13137/2022 vide order dated 18.07.2022. The Petitioner is in custody since 17.07.2022.
5. Regards being had to the submissions made by the parties, taking into consideration the material on record and the fact that petitioner is not named in the FIR, his name has transpired on the basis of confessional statement of co-accused
Patna High Court CR. MISC. No.7715 of 2023(2) dt.10-05-2023 3/3 who has been granted bail by a co-ordinate Bench of this Court, he is in custody since 17.07.2022 and the charge-sheet has been submitted, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
6. Accordingly, let the petitioner, SUMIT KUMAR @ PILLA be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Lakhisarai in connection with Barahiya PS Case No. 218/2020.
(Anil Kumar Sinha, J) perwez U T